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UK mortgage lenders will be forced to prove that they are repossessing Britons' homes only as a last resort under new rules announced yesterday by the Prime Minister.
Gordon Brown has introduced new rules to clamp down on lenders that rush to repossess homes in a bid to recoup as much money as possible when homeowners are unable to meet their mortgage repayments.
Repossessions are expected to rise by 50 per cent to 45,000 this year, and are tipped to increase even further next year as rising unemployment, coupled with higher mortgage rates, push more homeowners into financial difficulties.
Northern Rock was recently accused of "aggressively" pursuing homeowners who are struggling to meet their mortgage bills. Credit Action, the debt charity, said Northern Rock has an "inflexible" approach to borrowers who fall into arrears and is seeking to repossess homes too quickly.
The Civil Justice Council has drawn up rules, which require lenders to examine all other alternatives with homeowners before they start repossession action.
Lenders will be encouraged to allow borrowers to take a repayment holiday of two or three months. Monthly repayments could also be lowered by extending the mortgage term or switching to an interest-only deal. The court also suggests struggling homeowners should be allowed to add mortgage arrears to their total loan..
When a case reaches court, lenders will be forced to explain what other avenues they have tried to resolve the problem.
Yvette Cooper, Chief Secretary to the Treasury, said: "We need to make sure we help those who might be hardest hit in the tougher times ahead, ensuring repossession is the last resort, not the first."
Lenders are governed by statutory regulations from the Financial Services Authority (FSA) regarding how customers are treated during the repossessions process. It insists that lenders treat customers fairly and co-operate with borrowers who are struggling to make their monthly payments.
However, the FSA recently acknowledged that it was concerned with the practices of banks and building societies, particularly those who focused on sub-prime lending. Around 9 per cent of the mortgage market is taken up by sub-prime lending, according to the FSA.
Robin Day, of the FSA, said: “Specialist lenders in particular are focusing too much on arrears and were too ready to take court action.”
Housing charities have welcomed the new rules from the Civil Justice Council.
Adam Sampson, chief executive of Shelter, said: "Most lenders have aspired to act in this way but not all lenders have lived up to these standards in the past. The new rules will enshrine good practice and will have the effect of keeping more families in their homes, avoiding the misery of repossession."
In the past year, debt charities have been pushing the Government to introduce new rules to assist judges in repossession cases.
Sue Edwards, head of consumer policy at Citizen's Advice, said: "This timely introduction of a pre-action protocol for mortgage arrears will send a clear and welcome message to lenders outlining how to treat people in arrears fairly and ensure that court action is only taken as a last resort where all other options have failed and no agreement can be reached. It is an important and positive step to ensure best practice and we will be monitoring how it is implemented.”
The Council of Mortgage Lenders (CML), the industry trade body, has also announced guidance for banks and building societies in response to public concern about the growing numbers of repossessions, underlining the rules already in place
Michael Coogan, director general of CML, said: "The new guidance should help to reassure consumers that lenders are genuinely committed to seeing repossession as a last resort, and that the checks and balances that protect consumers are in place."
The Government has also moved to bring companies running sale and rent-back schemes under regulation by the FSA. These schemes have come under fire for not offering homeowners the full value of their homes and evicting tenants after a short time.
The Office of Fair Trading published a critical report on the sector last week and recommended regulation.
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Many are"liar mortgages" in the first place.When cases get to Court when they are 8 months in arrears which Ido not consider unreasonable. Many are Buy to Let properties. These people has nothing to say when they were building vast portfolios and seemingly massive profits .More Govt tinkering
V. Cooper, Somerset, UK
Judges have the last say about repossession orders. They follow the law, not the diktat of ministers. However, no judge in the land wants to throw people out of their homes. They already have enough powers to give home owners all the time they need to get back onto an even keel and save their homes.
Kevin Beach (Deputy District Judge), Crawley, England
Agree with Mike, once again responsible people suffer under Labour. Many subprime borrowers already had IVA's and are used to avoiding their obligations. Why be let off the hook again. Others wanted something now which they couldn't afford or to make a fast buck. Whats the point in being responsible
Neil Hewitt, Leeds, UK
The banks take no risk at all concerning rising or falling house values, risk should be shared together with mutual liability if the homeowner struggles to meet the mortgage repayments, repossession should be deferred as a final default only applied when willful none payment is evident.
mike, bolton,
I can't comment on the UK situation, but I know that banks in the USA have a knee-jerk attitude to foreclosure. Some years ago, due to a prolonged illness, I fell a little behind in my mortgage payments. My bank instantly foreclosed, and ignored my proposals for relief.
Nigel, Berkeley, CA, USA
surely in a percentage of cases your prolonging the agony and building debts that the lender will have to recoup from OTHER borowers.......
Rich , heathrow, England
"There is too much debt and it has to be unwound" well said. It's time to pay the piper. If you self-certed yourself to the hilt, or took on one of the banks' 5x deals at the height, you made a commitment. My taxes should not keep you in your home. Some hard lessons must be learned. The hard way.
Andy, reading, UK
Spare a thought for those whose landlords get repossessed. Still no protection for people who have chosen to rent. Even though you keep paying you can still loose your home with very short notice. This is unlikely to change as the government doesnt want to hurt their beloved buy2let.
Peter McKay, Newcastle upon Tyne, UK
Rescheduling of debt, properly undertaken, never damaged a bank's profits over time. Those who hoped to repay debt simply out of turning a capital profit and not out of income will and should be found out and turned out.
Mike, Huntingdon,
Phil, I have a problem with people like you who want to
shift the blame off those who foolishly got in over their head.
The onus belongs on the buyers period.
Jerry Scroggin, Phoenix, Arizona/USA
Suggesting bank should give payment holiday or extending the term of the loan or for payment of interest only will not help in the long term.So people who borrowed beyond their mean will have to face the music one day. There will be a point when they will not be able to work anymore. And then what?
sylvain, London,
If the government makes it harder to repossess then the banks will make it harder to borrow. Perhaps we will return to the days of responsible lending.
L Grundy, Liverpool, Great Britain
I was careful to choose to live in a place I can (easily) afford, and now see the government is going to use my tax money to help people who chose to live in places they cannot afford to stay in the homes. It is like asking me to pay my own mortgage and their's as well. I am not happy.
Sue Doughty, Twyford, UK
Mike, your savings are hardly being eroded by the irresponsible borrowers if you're discussing inflation. Think about oil, gas, food, base metals etc, does saving suppress their values? I do sympathise with your view but I'd rather see my fellow man benefit from assistance than high street banks
Jon, New Malden, UK
Mike, i'm absolutely sick of hearing people like you whinging about how people who bought a home are to blame for the financial crisis. As a homeowner (who is not about to be repossessed) it is stupid and irresponsible to make no effort to help taxpayers who are in trouble or who lost their jobs.
phil, london,
Mike & TC, sometimes things in life do not go as expected and people may end up not being able to afford the whole monthly rate AND the 6 or 7% interest. Repossession when property prices are crushing is madness. Banks should accept reduced payments thus returning a profit to the shareholders.
andrea ceccanti, london,
This is government hot air. The banks are under a duty to shareholders to recover value via reposession in the event that a borrower is unable to service their debt.
All this tinkering will do is precipitate another crash in Bank share values.
There is too much debt and it has to be unwound
TC, London, UK
I am absolutely sick of provisions being made for banks and borrowers unable to control their own finances. What about those of us not stupid enough to borrow too much, whose savings are being eroded by the inflation caused by the irresponsible? What do we get for not plunging the nation into chaos?
Mike, Bristol, UK,